093_HB2873ham001

 










                                     LRB093 09370 BDD 12416 a

 1                    AMENDMENT TO HOUSE BILL 2873

 2        AMENDMENT NO.     .  Amend House Bill 2873  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Township  Code  is amended by changing
 5    Sections 85-13 and 210-15 as follows:

 6        (60 ILCS 1/85-13)
 7        Sec. 85-13.  Township services, generally.
 8        (a)  The township board may either expend funds  directly
 9    or  may enter into any cooperative agreement or contract with
10    any other governmental  entity,  not-for-profit  corporation,
11    non-profit  community  service association, or any for-profit
12    business entity as provided in subsection (b) with respect to
13    the expenditure of township funds, or funds made available to
14    the  township  under  the  federal  State  and  Local  Fiscal
15    Assistance Act of 1972,  to  provide  any  of  the  following
16    services to the residents of the township:
17             (1)  Ordinary    and   necessary   maintenance   and
18        operating expenses for the following:
19                  (A)  Public safety (including law  enforcement,
20             fire protection, and building code enforcement).
21                  (B)  Environmental protection (including sewage
22             disposal, sanitation, and pollution abatement).
 
                            -2-      LRB093 09370 BDD 12416 a
 1                  (C)  Public  transportation  (including transit
 2             systems,  paratransit  systems,  and   streets   and
 3             roads).
 4                  (D)  Health.
 5                  (E)  Recreation.
 6                  (F)  Libraries.
 7                  (G)  Social services for the poor and aged.
 8             (2)  Ordinary  and  necessary  capital  expenditures
 9        authorized by law.
10             (3)  Development    and   retention   of   business,
11        industrial, manufacturing, and tourist facilities  within
12        the township.
13        (b)  To  be  eligible  to receive funds from the township
14    under this Section, a private not-for-profit  corporation  or
15    community service association shall have been in existence at
16    least one year before receiving the funds. The township board
17    may, however, for the purpose of providing day care services,
18    contract  with  day  care facilities licensed under the Child
19    Care Act of 1969, regardless of whether  the  facilities  are
20    organized on a for-profit or not-for-profit basis.
21        (c)  Township   governments   that   directly  expend  or
22    contract  for  day  care  shall  use  the  standard  of  need
23    established by the Department of Children and Family Services
24    in determining recipients of subsidized day  care  and  shall
25    use  the rate schedule used by the Department of Children and
26    Family Services for the purchase of subsidized day care.
27        (d)  Township  governments  that   directly   expend   or
28    contract  for  senior  citizen  services  may  contract  with
29    for-profit     (or    not-for-profit)    and    non-sectarian
30    organizations as provided in Sections 220-15 and 220-35.
31        (e)  Those township supervisors or other elected township
32    officials who are also members of a county  board  shall  not
33    vote  on  questions  before  the township board or the county
34    board that relate to  agreements  or  contracts  between  the
 
                            -3-      LRB093 09370 BDD 12416 a
 1    township  and  the county under this Section or agreements or
 2    contracts between  the  township  and  the  county  that  are
 3    otherwise authorized by law.
 4        (f)  The  township board may enter into direct agreements
 5    with for-profit corporations or other  business  entities  to
 6    carry  out  recycling programs in unincorporated areas of the
 7    township.
 8        The township board  may  by  ordinance  adopt  rules  and
 9    regulations  relating to recycling programs in unincorporated
10    areas of the  township  that  it  from  time  to  time  deems
11    necessary  and  may provide penalties for violations of those
12    rules and regulations.
13        (f-5)  The township board may franchise waste haulers  to
14    provide waste collection and disposal services to all or part
15    of  the  unincorporated areas of the township and require the
16    users of the services  to  pay  the  costs  of  the  services
17    directly to the provider.
18        The  township  board  may  by  ordinance  adopt rules and
19    regulations  relating  to  waste  collection   and   disposal
20    services provided to the unincorporated areas of the township
21    that  it  from  time  to time deems necessary and may provide
22    penalties for violations of those rules and regulations.
23        (g)  For  purposes  of  alleviating  high   unemployment,
24    economically  depressed  conditions,  and  lack of moderately
25    priced housing, the trustees of a township that includes  all
26    or  a  portion  of  a  city that is a "financially distressed
27    city" under the Financially Distressed City Law may  contract
28    with  one  or more not-for-profit or for-profit organizations
29    to  construct  and  operate  within  the  boundaries  of  the
30    township a factory designed to manufacture housing or housing
31    components.  The  contract  may  provide  for   the   private
32    organization   or   organizations   to  manage  some  or  all
33    operations of the factory and may provide for (i) payment  of
34    employee  compensation  and  taxes;  (ii)  discharge of other
 
                            -4-      LRB093 09370 BDD 12416 a
 1    legal  responsibilities;  (iii)  sale   of   products;   (iv)
 2    disposition  of  the  factory, equipment, and other property;
 3    and (v) any other  matters  the  township  trustees  consider
 4    reasonable.
 5    (Source: P.A.   86-475;  86-580;  86-1028;  86-1194;  87-708;
 6    87-810; 87-895; 87-999; 88-62.)

 7        (60 ILCS 1/210-15)
 8        Sec.  210-15.  Contract  for  collection  and   disposal;
 9    special district; tax.
10        (a)  The  township board, when authorized by the electors
11    of the unincorporated area of the township  to  exercise  the
12    powers  conferred  by  this  Article  to  establish a special
13    service district, may make contracts with any city,  village,
14    or  incorporated  town  or  with  any person, corporation, or
15    county for more than one year and not more than 15 years  (i)
16    relating  to  the composting or recycling of garbage, refuse,
17    and ashes within the unincorporated area of the  township  or
18    (ii)  relating  to  the  collection and final disposition, or
19    relating  solely  to  either  the  collection  or  the  final
20    disposition,  of  garbage,  refuse,  and  ashes  within   the
21    unincorporated area of the township.
22        (b)  For  this  purpose, the township board shall declare
23    all or part of perform one of the following: (1)  Declare the
24    unincorporated  area  of  the  township  a   special   refuse
25    collection  and  disposal district for tax purposes. Proof of
26    the declaration authorizes the county clerk to extend  a  tax
27    upon  the  special refuse collection and disposal district in
28    the amount specified in the annual township tax levy, but not
29    more than a rate of 0.15% of the value of taxable property as
30    equalized or assessed by  the  Department  of  Revenue.   The
31    maximum  tax  rate of 0.15% authorized by this Section may be
32    increased to not more than 0.20%  according to the referendum
33    provisions of the General Revenue Law of Illinois.
 
                            -5-      LRB093 09370 BDD 12416 a
 1             (2)  Provide in the contract that the users  of  the
 2        services  described  in  items (i) and (ii) of subsection
 3        (a) shall pay the costs of the services directly  to  the
 4        service provider.
 5    (Source: P.A. 90-751, eff. 1-1-99.)".